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(영문) 서울고등법원 2019.09.17 2018나2055532
근저당권말소
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following “amended parts” and “2. Additional decision”, and thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act

(However, the part of the judgment on each real estate in the separate list Nos. 1 and 2 of the judgment of the court of first instance is excluded) / [the revised part] / The two parallels and the last parallels are deleted from 6 pages 6 of the judgment of the court of first instance to 3.” 7 pages 1, 10 parallels “5. 4. 4. ,” and 11 parallels “6. 5. 6. 5. ,” respectively.

The written contract (Evidence B No. 4 and 5) shall be amended to “A” (Evidence B No. 4 and 5) with three pages 10 of the first instance judgment.

The “420.8 square meters of underground2 floor” in the 8th place inside the table of the first instance judgment shall be changed to “428.8 square meters of underground2 stories.”

2. Additional determination

A. It means each claim for cancellation of the registration of the establishment of a neighboring mortgage or the registration of the establishment of a neighboring mortgage on each real estate listed in the attached Forms 3 through 6 of the judgment of the court of first instance.

As to this case, the Plaintiff asserted that the registration of establishment of each of the instant collateral security claims against Defendant B, the secured debt of each of the instant collateral security claims, and the purchase price claims against the Plaintiff is null and void because it is merely the most effective credit.

On the other hand, it is difficult to readily conclude that Defendant B’s claim for the purchase price against the Plaintiff was the most claim made by false representation only with the evidence submitted by the Plaintiff. Rather, as acknowledged based on the aforementioned evidence, a sales contract, which is a disposal document, was concluded between the Plaintiff and Defendant B with respect to each of the instant real estate, and a written agreement for postponement of any balance and mortgage contract regarding such balance unpaid, and accordingly, the Plaintiff did not pay the remainder of each of the purchase price of the instant real estate to Defendant B and continues to remain unpaid until now.

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